Facts and Procedural Background
In the early morning hours of June 21, 1990, the petitioner and several other teenagers allegedly assembled a crudely made cross by taping together broken chair legs. The cross was erected and burned in the front yard of an African American family that lived across the street from the house where the petitioner was staying. Petitioner, who was a juvenile at the time, was charged with two counts, one of which a violation of the St. Paul Bias-Motivated Crime Ordinance. The Ordinance provided:
| “ | Whoever places on public or private property, a symbol, object, appellation, characterization or graffiti, including, but not limited to, a burning cross or Nazi swastika, which one knows or has reasonable grounds to know arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender commits disorderly conduct and shall be guilty of a misdemeanor. | ” |
Petitioner moved to dismiss the count under the Bias-Motivated Crime Ordinance on the ground that it was substantially overbroad and impermissibly content based, and therefore facially invalid under the First Amendment. The trial court granted the motion, but the Minnesota Supreme Court reversed, rejecting petitioner's overbreadth claim because, as the Minnesota Court had construed the Ordinance in prior cases, the phrase "arouses anger, alarm or resentment in others" limited the reach of the ordinance to conduct that amounted to fighting words under the Chaplinsky v. New Hampshire decision. The Minnesota Court also concluded that the ordinance was not impermissibly content based because "the ordinance is a narrowly tailored means towards accomplishing the compelling governmental interest in protecting the community against bias-motivated threats to public safety and order." Petitioner appealed, and the United States Supreme Court granted certiorari.
Read more about this topic: R.A.V. V. City Of St. Paul
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